Marshall's lawyers lobby for new trial

Lawyers for a woman convicted of beating her son to death are seeking a new trial in Clarke County Superior Court, claiming that the original verdict is contrary to law and the evidence presented.

Vernessa Marshall, 29, was convicted Sept. 22 of felony murder in the Feb. 12, 1998 beating death of 10-year-old Jamorio Marshall, and sentenced to life in prison or a mental institution, with the possibility of parole.

Prosecutors had sought the death penalty in the case, but because Marshall met the legal definition of mental retardation -- experts testified that her IQ was in the mid-60s -- she could not be sentenced to death.

Exactly where Marshall will serve her sentence will be determined by the state Department of Corrections and the Department of Human Resources.

Russell Gabriel and Anthony Pete, lawyers for Marshall, filed a motion for a new trial with Clarke County Superior Court Judge Steve Jones earlier this week.

In part, the motion reads, ''Vernessa Marshall ... moves the court to set aside the verdict entered on Sept. 22, 1999 judgment and sentence being entered thereon the same day, and to grant a new trial ... The verdict is strongly against the weight of the evidence.''

Gabriel has said he would not comment specifically on the motion.

Motions for new trials must be made within 30 days of a verdict. If Jones denies the motion in the Marshall case, Marshall's lawyers could appeal to the Georgia Court of Appeals.

No hearings have been set to hear the motion. Court officials indicated Thursday that it will likely be a couple of months before any hearings are held.